Dismissed

K.R.Ramesh v. the Superintendent of Police

Kerala HC6 Mar 2018Crl.MC/616/2018

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a Criminal Miscellaneous Case seeking quashing of a final report. It refused to entertain the petition because essential documents and witness statements were pending verification before the investigation court. The Court directed the petitioner to file an application for discharge under Section 239 Cr.P.C. before the trial court.

What did the court decide?

The Criminal Miscellaneous Case was closed; the petitioner was directed to approach the trial court under Section 239 Cr.P.C.

K.R.Ramesh Vs the Superintendent of Police — Kerala HC (2018) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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TUESDAY, THE 6TH DAY OF MARCH 2018 / 15TH PHALGUNA, 1939

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Crl.MC.No. 616 of 2018

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CC 6/2010 of SPECIAL JUDGE CBI CASES -1, ERNAKULAM CRIME NO. RC 10(A)/09 OF CBI, COCHIN

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PETITIONER(S)/1ST ACCUSED

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K.R.RAMESH,

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AGED 60 YEARS,S/O.LATE K.V.RAMACHANDRAN,48/205 F, KALYATH HOUSE,GREEN RIPPLE ROAD,ELAMAKKARA,KOCHI.

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BY ADVS.SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA SRI.HARIDAS P.NAIR SRI.M.A.VINOD SMT.B.SABITHA (DESOM)

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RESPONDENT(S)/COMPLAINANT:

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1. THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION,KOCHI.

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2. THE CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY STANDING COUNSEL,HIGH COURT OF KERALA.

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By ADV. SRI. SASTHAMANGALAM S. AJITH KUMAR FOR CBI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-03-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 616 of 2018

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A THE CERTIFIED COPY OF THE F.I.R.REGISTERED BY THE 1ST RESPONDENT IN FIR NO.RC/10(A)/09 OF CBI COCHIN DATED 24.7.2009

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ANNEXURE B THE CERTIFIED COPY OF THE FINAL REPORT HAVING NO.O3/MS/10/KER IN FIR NO.RC/10(A)/09 OF CBI COCHIN DATED 30.5.2010.

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B. SUDHEENDRA KUMAR, J.

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Crl.M.C. No. 616 of 2018

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Dated this the 6^th day of March, 2018

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ORDER

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The petitioner is the first accused in Crime No. RC/10(A)/09 of CBI, Cochin registered for the offences punishable under Section 120 B read with Section 420, 468 and 471 IPC and Section 13 (1)(d) read with Section 13 (2) of the Prevention of Corruption Act.

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The prosecution case is that the petitioner while working as Branch Manager, Bank of India, Ezhikkara Branch, committed criminal misconduct, abusing his official position as a public servant and sanctioned and disbursed cash credit loans to five persons on the strength of forged loan documents, during the year 2007-2008 and thereby caused a loss of Rs. 48.07 lakhs to the Bank.

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-2-

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Crl.M.C. No. 616 of 2018

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Various documents were produced before the court along with the final report. Those documents have to be verified to decide as to whether the final report in C.C. No. 6 of 2010 on the files of the court below is to be quashed or not, which cannot be done in this Crl.M.C. filed under Section 482 Cr.P.C. Since the said documents and the statement of witnesses are available before the court below, the petitioner shall be at liberty to approach the court below and raise all his contentions before the court below under Section 239 Cr.P.C. For the said reason, I am not inclined to entertain this Crl.M.C.

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In the result, this Crl. M.C. stands closed.

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Sd/- B. SUDHEENDRA KUMAR, JUDGE . /true copy/ P.S. To Judge

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ani/

K.R.Ramesh v. the Superintendent of Police

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K.R.Ramesh v. the Superintendent of Police

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